From Casetext: Smarter Legal Research

Rennert-Diana Co., Inc. v. Costarino

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1987
128 A.D.2d 691 (N.Y. App. Div. 1987)

Opinion

March 16, 1987

Appeal from the Supreme Court, Queens County (Kassoff, J.).


Ordered that the judgment is affirmed, with costs.

After reviewing the evidence presented at the trial, we find that Trial Term correctly determined that the defendants were individually liable for the plaintiff's commission under the exclusive agency agreement. In this regard, it is well settled that an agent for an undisclosed or unidentified principal is individually liable on a contract between the agent and a third party (see, McClure v. Central Trust Co., 165 N.Y. 108, 128; Tarolli Lbr. Co. v. Andreassi, 59 A.D.2d 1011, 1012).

Further, an addendum to the exclusive agency agreement provided that the plaintiff would not be entitled to a commission if the defendants sold the property to certain named companies, on condition that such a sale was consummated within a "period of sixty (60) days from the commencement of the exclusive Real Estate Agency Agreement (3/1/83-4/30/83)". The defendants contend that the court incorrectly interpreted the term "consummated". We disagree. In the context of the case at bar, a sale may be deemed "consummated" when the real estate contract is signed (see, White Sons v. La Touraine-Bickford's Foods, 50 A.D.2d 547, 548, affd 40 N.Y.2d 1039). The court correctly found that the sale by the defendants to the third party was "consummated" when the contract was signed on June 7, 1983, a period of 37 days following the expiration of the 60-day period, and that the plaintiff was therefore entitled to its commission. Brown, J.P., Weinstein, Rubin and Spatt, JJ., concur.


Summaries of

Rennert-Diana Co., Inc. v. Costarino

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1987
128 A.D.2d 691 (N.Y. App. Div. 1987)
Case details for

Rennert-Diana Co., Inc. v. Costarino

Case Details

Full title:RENNERT-DIANA CO., INC., Respondent, v. ANDREW COSTARINO et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 16, 1987

Citations

128 A.D.2d 691 (N.Y. App. Div. 1987)

Citing Cases

TTF, Inc. v. Brozman Archer Realty Services, Inc.

ORDERED that the order is affirmed, with costs. The plaintiff made out a prima facie case for summary…

Stonhard v. Blue Ridge Farms, LLC

hip” ( Safety Envtl., Inc. v. Barberry Rose Mgt. Co., Inc., 94 A.D.3d 969, 969, 942 N.Y.S.2d 200, quoting…